Legal Issue In Contract Law Essay

2115 words - 8 pages

Facts of the situation
Speedway Airways Pty Ltd attempts to boost sales though promotion. It advertises the promotion in different forms of media. The promotion entails bonus air miles. Miles are collected through domestic bookings. The promotion states that, ‘Any customer who collects 50,000 miles can redeem them for an online code for a chance to win a great range of prizes, which include items on Speedway services’.1 The promotion also entitles customers who have reached 50,000 bonus miles to enter an online code for a chance to receive a winning confirmation email. The winner gets a grand prize of an all expense paid round the world holiday. This promotion runs only for a limited amount of time. Jim smith collapses from excitation after collecting the bonus air miles.
Willamina Brown receives a winning confirmation email after actively participating in search for 50,000 bonus miles. She goes to Speedway offices to claim her prize. She finds out that the promotion has been canceled from a notice. The notice reads ‘Due to an information technology error, faulty email confirmations were included in the Speedway promotion’. It further states that it is going to announce a new competition soon. Jim Smith overhears from a radio station the nullification of the promotion. This is the first of a number of occasions that the advertisement is appearing on different media. Speedways claim to have had an IT technical error. There was more than one winning confirmation email sent to customers and thus it declares that it ‘would not be honoring any prize claims’. However, there is a person who claims to have won the promotion and already awarded the prize.

Discussion
Willamina Brown and Jim Smith have both received a winning confirmation email. A unilateral mistake has occurred where ‘only one contracting party is mistaken, the other is not mistaken but knows or ought reasonably to know, that the other side is acting under a mistaken view’. The two are in possession of winning tickets as they notice another person who claims to been awarded the grand prize.
There are four main ways in which the enforceability of a contract may be affected by a statutory provision which renders particular conduct unlawful: ‘(1) The contract may be to do something which the statute forbids; (2) The contract may be one which the statute expressly or impliedly prohibits; (3) The contract, although lawful on its face, may be made in order to effect a purpose which the statute renders unlawful; or (4) The contract, although lawful according to its own terms, may be performed in a manner which the statute prohibits.’
The key legislative provisions in the TPA, ss 51A and 51AB, which dealt with unconscionability are replaced by ss 20 and 21 of the Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010, Australian Consumer Law (ACL). Section 20 now provides: ‘A person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning...

Find Another Essay On Legal Issue in Contract Law

The Purpose of Tort Law in the Irish Legal System

3219 words - 13 pages In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived

Can Legal Theory Assist in Our Understanding of Law?

2664 words - 11 pages bring alternative narratives into our view of legal doctrine, and thereby expose the potentialities of law to express difference. - A good illustration is domestic violence laws. Feminist constructions of domestic violence provide an alternative lens through which to appraise the issue. The feminist perspective demonstrates that domestic violence is located in an unequal power relationship and therefore the legal response to domestic violence

Legal writing and drafting: Plain English use in the law

2614 words - 10 pages little doubt that plain language is successful in removing the linguistic 'bullshit' from legal documents. For the average citizen who is untrained in law, the 'bullshit' contained in its 'invisible discourse' (which is generally only discernible to lawyers trained to comprehend language by looking inside the framework of the common law and statutory law) remains in tact.This paper discusses the extent to which plain language has removed the 'bullshit

Criminal and Civil Law in the English Legal System

1893 words - 8 pages One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an

Importance of the elements in the formation of a contract - BUS115 Business Law

1198 words - 5 pages without them, the contract cannot be enforced under law. In the real context of business, it is highly likely that different kind of issue may arise when the contract is implemented, which causes loss or damage to one party. That party can only sue the other when it is a valid contract. If the contract is invalid, once missing any of the essential elements required above, the injured party cannot bring the case to court. Thus, it is crucial to

Breach of contract and specific performance: the law in India and England

5960 words - 24 pages guess what these two functions are. Contract law is conceptualised, codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice, equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract.The subject under discussion.The subject of this paper is extremely broad - it is supposed to deal with breach of contract

Labour Law Contract and ADRs in China versus the USA and UK

652 words - 3 pages business, labour practices and laws that exist and roles that unions play within the society. In this paper briefly look at the current state of the Chinese labour market and the history and evolution of the Chinese labour movement. Secondly, we will look specifically at the Labor Contract Law (LCL) that China invoked in 2008 and compare these to the laws that exist in the developed nations of the United States and the United Kingdom. Lastly, we

Legal Issues in Estoppel: Promissory Estoppel in Relation to the Law of Contracts

1591 words - 7 pages English law has been flexible in such cases depending on the merits of the case and thus, this issue would need to be resolved before the codification of the doctrine of promissory estoppel as it holds an important stand in the expansion of the doctrine of promissory estoppel. (ii) In English common law, consideration is required between two parties to form a binding contract. Consideration is the benefit and detriment that both parties receive

Comparing Natural Law to Legal Realism in the case of Carlton versus Walkovsky

1034 words - 4 pages law was $10,000. According to the opinion of the court the plaintiff asserted that he is also ?entitled to hold their stock holder personally liable for damages, because multiple corporate structures constitutes an unlawful attempt to defraud the general member of the public.? The main legal issue before the court arises, in determining whether liability should be extended to reach assets beyond those belonging to the

The Legal Perspective of Ecosystems in Wild Law: A Manifesto for Earth Justice by Cormac Cullinan

1305 words - 6 pages Wild Law: A manifesto for Earth Justice is a book by Cormac Cullinan that proposes recognizing the natural order of communities and ecosystem from a legal prospective. He attempts to show an integration of different fields of study like world politics, Environmental legal theory, physics and how teachings from the ancient world can create an appealing notion for the need for change in today’s environmental understanding. This book has been

Overview of the Process of Law Reform in the English Legal System

2408 words - 10 pages The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important

Similar Essays

Contract Law In Australia Essay

2897 words - 12 pages Part 1On 1 June the galley agreed to sell a Margaret Olley painting which would be collectable on 1 August to Client B in return for $100000. This is a commercial transaction therefore an intention to create legal intention is presumed. With the presence of offer, acceptance, consideration and intention to create legal intention, a contract was validly formed.Non-DeliveryIn July, the gallery told Client B it would sell the painting to Client C

Private Law And Civil Law: What Is A Contract In Australian Law?

2053 words - 9 pages . 



 


 LEGAL ISSUE 

Legal Issue Apart from the general problem which arouse in between the case, considering it according to Law, there are certain criteria and legal eligibility of a Contract. As Nathan went into the contract with Dubious Connections Pty Ltd, He was not fully aware of what a contract is and how should he keep a Contract to attain its benefit. Although most of the contracts are done verbally but there are some requirements of

State Of Good Faith In English Contract Law

2900 words - 12 pages The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to

A Comparative View Of Contract In Civil Law And Common Law

1720 words - 7 pages elements of contract, and how does these areas difference different form common law concept. From my point of view as the principal solicitor, there are six important elements in contract under common law; they are offer, acceptance, legal intension, capacity and legality. In civil law, the key elements may be differ from country to country, take French civil as an example, there are mainly four elements, they are consent, capacity, un objet and une